Morgan v. Foretich

546 A.2d 407 (D.C.Cir. 1988)

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Nature of the Case

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Facts

W was awarded custody of F was given liberal visitation. Almost continuously since that date, the parties have been in litigation on these issues, with numerous appeals to this court and two published opinions. In January 1985, within two months of the custody and visitation order of November 8, 1984, W began to make accusations that F was sexually abusing their child during visitation. Motions were filed by both parties relating to changes in custody and visitation and with respect to evaluation of F. In February 1986, when W refused F visitation in accordance with the court-ordered visitation schedule. Hearings were held in June and July of 1986 on several motions, including F's motions to hold W in contempt and for change of custody and W's motions for temporary suspension of visitation and to compel discovery. The court held that W had failed to prove by a preponderance of the evidence that there was abuse and that W had disobeyed the visitation orders without lawful justification or excuse. A series of further hearings and orders then ensued, resulting in a finding of contempt and order of incarceration in August 1986. We stayed the order pending appeal, with various conditions including the posting of a security approved by the court in the amount of $200,000. On appeal, we upheld the closure of the contempt hearings, Morgan I, supra, and affirmed the judgment of contempt, Morgan II, supra. Judge Dixon had ordered that visitation be resumed. When W again failed to comply, Judge Dixon found her in contempt and ordered her incarcerated on February 17, 1987. Morgan was released from jail on February 19, 1987, and on February 24, 1987, visitations resumed for the first time in over a year. From February 24 through April 1, 1987, the visits were supervised and lasted one hour. On April 1, Judge Dixon ordered that the visits be extended to four hours. On April 6, 1987, Judge Dixon began a series of hearings on a motion by F for a change of custody and termination of W's parental rights and on Morgan's cross-motion to suspend visitation, or, in the alternative, to require supervised visitation. Seventeen days of hearings with numerous witnesses were held over the course of the spring and summer, ending on August 21, 1987. Several more orders were entered allowing overnight and extended visitation by F. Once again, a series of events transpired with W disobeying, and Judge Dixon held W in contempt and ordered her incarcerated, effective August 28. He also ordered that the security posted one year earlier pursuant to this court's order be forfeited at the rate of $5,000 per day. On August 27, W appealed the contempt judgment and sought a stay pending appeal. The stay was denied, and W was incarcerated on August 28, where she remains.